Dear Brothers Engineers of CMT,Reg.: Proposal to file a Court Case on the issue of CMA I.
I have gone through the (enclosed) views of Er Dinesh Das of DLS, Raipur, South East Central Railway about the proposal to file a Court Case on the issue of CMA I. I appreciate the enthusiasm in this regard amongst the CMT staff (of South Eastern Railway, East coast Railway, Eastern Railway, Eastern Central Railway, South East central Railway and Southern Railway) I am happy to see the dedication & sincerity as well as clarity of thought. The matter requires serious consideration.
I may clarify here that the items for agenda for the Anomalies Committee - including the case of CMT Staff & other issues has been given by us to both the Federations as well as sent to the Chairmen of the Anomalies Committees at National & Departmental levels.
However the Federations have not yet submitted any agenda to the Anomalies Committee as yet at either level as they have been given time to do so in 6 months since its setting up. They have received many items. We are hopeful that our items will be included and the Agenda will be submitted by them by the end of April, 09.
As for the Court Case proposed by Dinesh Das & others, if CMT Staff want to file it at Jabalpur or Kolkata, there is no objection. However, IRTSA can only file it in CAT Chandigarh & later on if required in the Supreme Court. In either case a lot of efforts, follow up & funds shall be required for the purpose and CMT brothers have to plan accordingly.Need for Individual Appeals & exhausting all channels
In either case, as a preparatory step it is legally necessary to submit representations by all the concerned & exhaust all channels. So far only IRTSA has made representations on the CMT case & no individual appeals have been made - to the best of my knowledge & belief. I shall make the draft representation on behalf of individuals in a day or so & send it to all the CMT staff for getting it signed by all concerned & submit it to Administration.Meanwhile we need to decide the following issues:
i) a) Whether to wait for the out come of Anomalies committee - which may take about 2 to 3 years or more & then to file the Court case, if required?
OR b) To file the Court Case earlier - i.e. after representing & making the Appeals?
ii) a) Where to file the Court Case?
b) How to raise adequate funds for the same?
I shall look forward for the views of brothers of CMT & others before placing it for decision in the CEC IRTSA -- which may meet in June, 09 at Delhi – soon after the Elections.
With best wishes,
Yours fraternally, Harchandan Singh, GS, IRTSA

--- On Sun, 12/4/09, dinesh das wrote:

Dear Gouravji,

Your view regarding appeal against the Railway Board in CAT is obvious because the issue of a CMA-I was neglected by the 6th pay commission and again by Railway Board. Actually our issue should not be considered as anomaly. It is clear like water that a CMA-I comes with a minimum qualification of Degree in Engineering and Master degree in Chemistry which is the highest qualification required by RRB in Indian Railways, so it should too be kept in parity with other Engineering Graduates in Indian Railways. But unfortunately they put the CMA-I equivalent to a Diploma holder and Bachelor degree holder (CMA-II). Why the Railway Board is pretending itself to be blind is a matter of concern.

Even the recognised Union is silent in this severe issue. They should have demanded to resolve this matter as early as possible without including it the anomaly committee. Earlier in Jan 2009, I contacted all the CMA-I, CMS-II & CMS-I of South Eastern Railway, East coast Railway, Eastern Railway, Eastern Central Railway, South East central Railway and Southern Railway and they unanimously told me to file case in the Central Administrative Tribunal (CAT). Before going ahead I contacted Sri R. Vijay Kumar, President IRCMSA, and Sri. S. K. Tyagi (working committee member, AIRF). They told me to wait as the matter is pending in anomaly committee. I have filed an online grievance in the Ministry of Personal Pension & Grievances and the matter has been sent to the Railway Board through Ministry of Grievances. Their reply is due to come within 2 months of application date.

The GS IRTSA is confident of inclusion of our demand in anomaly committee. Sri Harchandan Singh is raising our matter in front of Railway Board with full fledge in his draft as he is the only leader to observe the great injustice with the CMT staff.

It is also doubtful whether our matter has been included in anomaly committee or not. You are requested to find out from the confident sources whether our matter is in anomaly committee or not. If not, then we are here ready to go to CAT. I have completed all formalities for appealing in CAT most probably in Jabalpur bench or Kolkata bench. Keep in touch.

I too am of the opinion that we should exhaust all official channels to get our anomalies redressed and seek legal remedies as last resort.
You can always take as granted the co-operation of CMT staff/ICF for any action to get our anomalies resolved.
Regards, Syed Azmatullah

On 4/9/09, HARCHANDAN SINGH wrote:

Dear Gaurav,

In reference to your letter, you are aware that, we have already represented to Railway Board / Departmental Anomalies Committee about CMT Staff.

We have also given the item to both the Federations & are trying to get it included in the Agenda of the two Federations for the Anomalies Committee.

Your proposal for a Court case for GP of CMA - I, is good one as we have a strong case but first let us try to get it resolved othervise - failing which we shall go in for a legal action.

With best wishes,

Yours fraternally,

HS, GS, IRTSA

--- On Thu, 4/9/09, gaurav kumar wrote:
Respected Sir / GSIRTSA

We understand that departmental anomaly committee have started working. Are they ready to review in CMA-I anomaly?

Then sir kindly suggest us legal remedies (possible channels of tribunals) regarding our case if committee do not finds anything favourable to CMA-I. We at RCF are ready to fight it down any way.

Dear Dinesh,
I really appreciate your all round efforts for getting our anomaly redressed.
I would like to know what you have appealed to Grievance Cell of MOPG and the link where you have registered the appeal. Will there be any hitch bypassing proper channels? If there is no hitch, we can all register our appeals.
Regarding Court Case, let us wait if the issue is taken up by Anomalies Committee. If not, we will choose to file a case(Kolkata better place).
Regards,Syed Azmatullah

On Tue, 4/14/09, rvijayakumar vijayakumar wrote:
Respected Harchandanji,
My personal opinion regarding filing a case for CMA-I recruitment anomaly, I have advised them to wait for the out come of anamoly committees decision after placing their subject with the help of both the Federations.One CMA-I from Raipur has approached Railway Board under RTI act and obtain the negative reply from Railway Board.
If the court gives the direction to appeal to anamoly committee what will happen? I feel they can wait OR approach the Fedrations which can only do some help.
R.Vijayakumar- CMS-I President / IRCMSA

Having taken a note of the views of the members of CMT Staff, it is proposed that the matter may be pended for the present.
Issue shall be reviewd by the CEC IRTSA from time to time & appropriate action shall be taken as required.
Meanwhile all steps shall continue to be taken by the GS, IRTSA to get an early decision to undo the injustice with the CMT Staff - especially the CMA I.
- HS, GS, IRTSA

Dear dinesh
as i have gone thrgh ur post on irtsa we the cmt staff must have glad to have a person like u on indian railways . Ur demands is genuine and we all cmt staffs must unite to get it through.
but dear dinesh i would like to suggest u as well as our all CMT Staff to put a demand about eligibilty to LDCE for our bright future. Once we get the eligibility to LDCE, i think it will be the our great achievments.
Thanks
with regards
krishna murari
cms ECR patna